Alcoholic Beverage Control - Special Provisions Relating to Wine - Direct intrastate wine shipments


Published: 2014-09-22

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§ 79-d. Direct intrastate wine shipments. Any person having applied
for and received a license as a winery or farm winery under sections
seventy-six, seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d
and seventy-six-f of this article may ship no more than thirty-six cases
(no more than nine liters per case) of wine produced by such winery for
farm winery per year directly to a New York state resident who is at
least twenty-one years of age, for such resident's personal use and not
for resale.

1. Licensee's shipping responsibilities. Notwithstanding any provision
to the contrary contained in this chapter, any above referred licensee
shall:

(a) in the case of a farm winery licensee or a winery licensee, ship
no more than thirty-six cases (no more than nine liters) per year of
wine produced by such license holder directly to a New York state
resident who is at least twenty-one years of age, for such resident's
personal use and not for resale;

(b) ensure that the outside of each shipping container used to ship
wine directly to a New York state resident is conspicuously labeled with
the words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
FOR DELIVERY," or with other language specifically approved by the New
York state liquor authority;

(c) maintain records in such manner and form as the authority may
direct showing the total amount of wine shipped in the state each
calendar year, the names and addresses of the purchasers to whom the
wine was shipped, the date purchased, the name of the common carrier
used to deliver the wine, and the quantity and value of each shipment.
Such records shall be kept for three years and, upon written request, be
provided to the authority or the department of taxation and finance;

(d) in connection with the acceptance of an order for a delivery of
wine to a New York resident, require the prospective customer to
represent that he or she has attained the age of twenty-one years or
more and that the wine being purchased will not be resold or introduced
into commerce; and

(e) require common carriers to:

(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter;

(ii) require a recipient to sign an electronic or paper form or other
acknowledgment of receipt as approved by the authority; and

(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by paragraph (a) of this subdivision.

2. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.